maples. mr. maples was sitting in a prison cell in alabama under the reasonable belief that he was represented by counsel who would appeal if an adverse decision was issued. justice antonin scalia: mr. garre, can i go back to justice kennedy's question? this was not an appeal. the question was how many capital cases is there no appeal. he had been convicted and had appealed, right? mr. garre: the direct proceedings had concluded. justice antonin scalia: the direct proceedings were over. he had appealed up to the state supreme court. did he seek cert here, too? mr. garre: he did. justice antonin scalia: he did. and this was a post-conviction-- mr. garre: it was, but when the state sets up that system and allows for appeals it can't arbitrarily deprive it of an appeal based on the sort of circumstances here. justice antonin scalia: --that may be, but i don't think it's extraordinary that there be no appeal post conviction. mr. garre: i am not aware of any state that does not allow appeal in post-co

maples. alabama state attorneys then borrowed -- barred him from appeal because of he defaulted. the supreme court is expected to render a decision before the end of the term lynching. this is about one hour. >> thank you, mr. chief justice. may it please the court. two factors distinguish this case. first, the state itself had a direct hand in the extraordinary events leading up to the default in this case. a second, the actions of maple's attorneys are not attributable to maples that this court has invoked in determining when conduct can be with a client. it the default at issue in this case is not fairly attributable to cory maples. the decision of the 11th circuit should be reversed. >> putting that to one side, what if only one of the three notices have been returned it? >> i think if only one from the of state pro bono council, i think that would be a different case. you have both out of state attorneys, the notices come back marked returned to center and left in an envelope and the cle

the democrat says the law is needed to protect vermont's maple crop from fraud. this comes after the fda found a man in rhode island was selling fake vermont maple syrup online. the product actually contained no syrup at all. >>> a popular gaming system has once again been attacked. sony says it has detected a large number of unauthorized attempts to access user accounts on the playstation network. the tech company says they've locked about 93,000 accounts whose ids and passwords were stolen. the credit card numbers linked to those accounts were not at risk. earlier this year. they broke into the playstation network and compromised more than 100 million accounts, stealing personal information and credit card numbers. >>> the state tries to raise money for transportation projec projects. a transportation panel is considering a 5% gas tax hike and a 6% jump in vehicle registration fees as likely options for raising $800 million a year in transportation money. fees for emissions testing and vehicle titles could also climb. the panel won't formally make recommendatio

and don't mess with maple syrup. your early morning business headlines are straight ahead. >>> plus, a cocky cat battles a big storm and a big baseball game to come away with the weekend box office crown. >>> coming up, the eagles are flying high, tim tebow stumbles and another stunning win in st. louis. you're watching "early today." >>> good morning, and welcome back to "early today." i'm lynn berry. here are some of your top headlines this morning. libya's interim prime minister is confirming the presence of a stockpile of chemical weapons in the newly liberated country. according to jabril, foreign inspectors are scheduled to arrive later this week to deal with the issue. >>> this morning's "new york times" reports a plan is in the works to boost u.s. military presence in the persian gulf following the withdrawal of forces from iraq. u.s. officials and diplomates say the buildup could include a ground presence in kuwait as well as increased air and naval patrol. >>> a thunderous explosion of a kansas grain elevat

there's a new crackdown on maple syrup knock-offs.mont senator patrick leahy is proposing new legislation to make it a federal crime for people to mislabel products as containing maple syrup. the democrat says the law is needed to protect the vermont maple syrup from fraud. this comes after the fda found a man in rhode island selling fake vermont maple syrup online. the product actually contained no real maple syrup. >>> a popular gaming system has suffered yet another hacker attack. sony says it's detected another number of unauthorized attempts to access user accounts on its playstation network. they've locked about 93,000 accounts whose ids and pass words were stolen. the credit cards linked to those accounts are not at risk. however, earlier this year hackers broke into the playstation network and compromised more than 100 million accounts, stealing personal information and credit card numbers. >>> if you're a student or parents, you know that going to college these days is anything but cheap. >> if you want to go to sarah lawrenc

and don't mess with maple syrup. your first look at this morning's business headlines is straight ahead. >>> coming up, eagles are flying high. tim tebow stumbles. another stunning win in st. louis. you're watching "first look" on msnbc. ♪ ♪ ♪ when the things that you need ♪ ♪ come at just the right speed, that's logistics. ♪ ♪ medicine that can't wait legal briefs there by eight, ♪ ♪ that's logistics. ♪ ♪ freight for you, box for me box that keeps you healthy, ♪ ♪ that's logistics. ♪ ♪ saving time, cutting stress, when you use ups ♪ ♪ that's logistics. ♪ sweet & salty nut bars... they're made from whole roasted nuts and dipped in creamy peanut butter, making your craving for a sweet & salty bar irresistible, by nature valley. that's relied on to help bring children holiday joy, and while it doesn't travel by sleigh or reindeer, it does get around... in fact, every year duracell sends loads of batteries to the mattel children's hospital, u.c.l.a. of course, children here and everywhere don't really think about which

inmates to challenge issues raised after a trial such as ineffective counsel so perhaps that's why maples had to rely a lawyer is in new york city who agreed to help the inmate pro bono and then dropped the ball not as of now maples retain new counsel with former solicitor general general gregory carr who describes the defendants previously failed legal representation as a violation of the constitution that's far it's being reported by the a.p. if the court is likely to side with mabel's and the death row inmate could get another hearing with lower records over his absent attorneys and the inadequate representation now thankfully the supreme court gets a say on this issue but this case just goes to show you how truly messed up our capital punishment system is that somebody could be refused an appeal because their defense team dropped and never bothered to let them know i think that is really disturbing now i'm not going to argue mabel's case itself but i think that most people are in agreement that he should be guaranteed due process for his death penalty case from start to finish includi

. >>> from america's pastime to canada's obsession, jets and maple leafs. toronto down two and failed the shootout. matt fraten completed the comeback, made it look easy. maple leafs win 4-3 in a shootout. >>> nba and players met yesterday and the two are miles apart. if you want to gauge how well the talks are going look no further than what nba superstars are doing. lebron james, kobe bryant and others are planning to travel around the world and play exhibition game. the tour starts next week. if you thought seeing your favorite player was expensive last year, you'll have to dust off your passport, buy a plane ticket to see them now. >>> finally, a lessen in soccer, rule number one, don't use your hands. rule two, don't pull down your opponent's shorts. that's what happened in greece. the player was given a yellow card for exposing the fruit of his loom. >>> that's your early look at sports on "early today." i'm fred roggin. >> what a way to wake up this morning. >>> what show does the president lay down an executive order against his kid watching? your e

and then we have some maple syrup on the side. maple syrup is great if you use the pure kind, because it has a stronger flavor so you don't need as much which saves you sugar. and that is french toast with a twist at the culinary institute of america. for "teen kids news," i'm andrea. do you like this top? that's so gay. really? yeah. it's totally gay. you know, you really shouldn't say that. say what? well, say that something is "gay" when you mean it's bad. it's insulting. what if every time something was bad, everybody said, "ugh. that's so girl wearing a skirt as a top." oh. you are. ha ha. shut up. those are cute jeans, though. up, college is hard. down, those books are heavy. nnamdi, voice-over: my sport is football. but my passion is education. so every year, i take promising high schoolers on a college tour. you're getting it. lights there. darks there. nnamdi, voice-over: to show them that higher education means a brighter future. [toot] [laughter] my name is nnamdi asomugha. i don't just wear the shirt, i live it. announ

in 1995 cory maples confessed to killing two people.was convicted of murder and he was sentenced to death. here is where we pick up the story. he appealed that ruling on the basis his first set of lawyers were bad, incompetent. he ended up getting a new legal team but then there was a paperwork mishap. the lawyers who had been handling his case quit the law firm. maples said he was never told he was suddenly without representation. and the courts clerk never relayed that the court notices on that appeal were coming back unopened. regardless, the state and federal courts in alabama say maples is out of luck and he will be executed. now the u.s. supreme court is weighing in. i have breaking news from the associated press on that. doug burns, former federal prosecutor joining us. duane case is criminal defense attorney helping us work through this. hear is the heaine from the associated press. the supreme court appears likely to rule in favor of cory maples. do you agree with that? >> well that is interesting. first of all you have to put

antonio arceo and his wife moved to maple park from california five years ago to raise their five children and live near family. then, last february, antonio told me he received a call that changed everything. >> ( translated ): i was working, and, about 4:00, i received a call from my wife's own cell phone, but a man was speaking. he asked, in english, if i knew roxana garcia, who's my wife. i said yes. he said, "it's the police, kane county sheriff. your wife has been detained for not carrying a license. can you come pick up your kid?" >> hinojosa: roxana had been stopped for speeding and was held overnight in the county jail. >> ( translated ): next morning, when i went back, she was no longer there. i asked the lady there, "how come? they told me she was getting out the next day." she said, "no, immigration came this morning and took her away." >> hinojosa: antonio had no idea what the government had done with his wife. he spent days looking for her. >> ( translated ): i went around to all the jails where she could possibly have been held, and nobody would give me information. so, at t

this has maple and we have some oak wood. is was a tree on the eastern shore, the largest white maple in america. >> i like the sounds of that. dear week is starting to market and runs 11 days but the oktoberfest is on saturday from 11 a.m. to 6:00 p.m. -- beer week is starting tomorrow. we are not talking about rain. that is good news. i did not want to hear it. [laughter] >> i think that's to be the new outfit. >> i think tom would look the best. >> that is true. right. are otherwise, a lot to talk about. today, we have nothing to talk about. that is what you want the weather people to say. the weather will be nice and quiet. the storm is filing pulling off the new england coast. we'll get a nice string of sunday's -- the storm is finally pulling off the new england coast. we focus our attention to the southwest. this is great news for the folks in texas. they need anything they can get. heavy rain along the west coast. it will take a long time for that stuff to travel across the country. we should state dry to the middle o

and they have a maple syrup production. >> we have a production of maple syrup. >> it is big in the news they want to make sure it is real. >> the cookie on there is almond. >> pecan shortbread. >> and pumpkin ice cream and the cranberries. >> exactly right. >> this is the charleston. >> wow. >> so, we shouldn't be afraid of bump kins. we want to curve them and put them outside. >> this is the most important tool. you need a sieve and when you cut it open. take out all the seeds, flesh. and cook it and put it through the sive e,. >> don't throw the seeds away. you can roast them of. > >> right. >> we will be right back in just a few. ,,,,,,,,,,,,,, . >>> we are taking a look at the forecast. of course we know, kickoff is at 1:00. and the temperature is around 40 degrees and it will be sunny and breezy and cold. dress for football weather when you are watching the ravens beat up on the cardinals. it is good thing about business. and it is all in season. what else. >> we try to cook for the season. >> it is right before frost. mustard greens and there is a lot more kale, cabbage. brussels

he's planning to introduce legislation making it a felony to sell cane sugar syrup and label it pure maplerup. this is serious business in vermont. >> vermont producers say it makes 40 gallons of sap to make one gallon of syrup. >> and this week a minivan in ohio became the scene of a special treasure hunt. >> there you go. >> i can see her. i see her. >> and something precious is behind the dash board. these folks are taking it apart to get to it. >> it's not a lotto ticket or a wedding ring. >> do you see this? she went down and up to that guard. >> oh. we're getting there. >> that is a live critter. that is a cat believe it or not it ran in front of the minivan. and somehow scurried into the dash board. >> and that is she's just a little shell socked -- shocked, otherwise fine but putting the dash board together? that is another story. >> something you just don't expect. >> at least the kit gee okay. >> yes. >> and thanks for joining us for abc 7 news at 4:00. >> you can keep track of the latest breaking news on twitter and talk about it on facebook.com slash abc 7 news. >> a final deci

i thought that was the whole -- it's not about maple syrup?"aughter ] no, no. [ cheers and applause ] i saw someone else do that. >> steve: yeah. what? >> jimmy: hey, some election news here. michele bachmann's campaign is giving a new jacket to supporters who donate $75. yeah, and in honor of bachmann's poll numbers, they're 100% down. [ laughter and applause ] ♪ >> steve: ladies and gentlemen, gentlemen, gentlemen -- >> jimmy: no. [ light laughter ] this is crazy, guys. the east coast is preparing for a snowstorm this weekend. [ audience boos ] right before halloween, which explains the popular costume -- slutty eskimo. [ laughter ] that's what -- >> steve: that's good. >> jimmy: listen to this, you guys. two brothers in ohio are apparently running against each other for mayor. yeah, their attack ads are pretty weird. it's like, "my opponent says he's fiscally responsible, but did you know he once traded a barry bonds card for just two packs of gushers?" [ laughter ] "vote bryan, not jason. jason wets the bed." [ laughter ] [ scattered applau

avalanche are the surprise team of the young season, picked up another win with an overtime win over the maple leafs. david jones scored the game-winner. colorado a perfect 5-0 on the road after a 3-2 win. that's your early look at sports on "early today." i'm fred roggin. >>> what susan sarandon says that has national organizations calling her dumb and arrogant. your early morning entertainment headlines are straight ahead. >>> plus, all right, we haven't even carved the thanksgiving turkey yet, so it's way too early for tinsle and mistletoe, right? we'll tell you why one oklahoma family gets a pass. you're watching "early today." >>> welcome back to "early today" on this tuesday. morning. medford looks grade, northern california mid 80s. a little cooler in san franci o francisco. everyone looks ideal today. as we go through tomorrow, one spot we introduce more rain chances in seseattle. if you are watching us in los angeles, california, the united states pariots and founders in ventura, california. that's your pacific event of the day. >>> now here's an early look at your entertainment headl

this is the maple lawn townhome community this morning. a contractor struck a four inch gas line. everyone is back in their homes tonight. >>> in tonight's consumer alert. hundreds of thousands of the popular bob jog strollers are being recalled. the logo can fall off. and two children choked on the patch and they were not seriously hurt. >>> abc 2 is working for you. you know that bullying is a huge problem across the country. why do kids bully? a team is trying to answer that question and they're trying to figure out how it can be stopped. one psychologist calls it social combat using aggressive behavior to climb the social ladder. >> a race to the to and by getting the top you view yourself as one of the important people of the school. >> and the study found the higher they get and the more aggressive they become. 56% of students surveyed said they were involved in aggression, victimization or both. 80% of the incidents were never reported to adults. you should break the your orange shirts and ties and skirts for unity day. click on news tab and education and sign up on faceboo

. >> the maple garland, you can put it on your mantel, around your stair well.takes you through to thanksgiving. these vases seem already painted. you can take and repurpose old wicker containers and spray paint it yourself. my favorite thing, candy, halloween, you probably have a lot of different glass containers in your home. you can take these candles we have at the store or candles that you have, and what you can do is fill them with candy. so you can have all different, talking about autumn colors. >> reporter: look at those fun colors of m&ms. >> we have the gummy worms. the autumn mix with the candy corn and things like that. how much fun and easy would this be for you to have at your tables. you're having a party. or if you wanted to do something fun with your kids. the other neat thing, you can use these battery operated votives. the other thing is, you have a lot of artwork of your kids' work from growing up. their artwork. how easy is it -- what was this? >> bowman came home from school yesterday and made this card and was sitting on the counter, fall

avalanche are the surprise team of the young season, picked up another win with an overtime win over the maplevid john jones scored the game-winner. colorado a perfect 5-0 on the road after a 3-2 win. >>> that's your early look at sports on "early today." i'm fred roggin. >>> what susan sarandon says that has national organizations calling her dumb and arrogant. your early morning entertainment headlines are straight ahead. >>> we haven't even carved the thanksgiving turkey yet so it's way too early for tinsle? we'll till why one oklahoma family gets a pass. you're watching "early today." >>> good morning. welcome back on this tuesday. we are looking at a lot of heavy rain today in the southeast. right now, a lot it-s down in south florida but will spread northward during the day. a cold front going through areas of arkansas, northern louisiana with rain and eventually that will work into tennessee areas like memphis and all of alabama and mississippi. and then as we go towards tomorrow, those two storms merge. heavy rain likely around d.c., baltimore, philly, new york and eventually boston. >

jagger may be 39 but looked like a rookie last night scoring the first goal of the season against the maple leafs. his trademark salute. we have not seen that in a while. in the third, de it again, second of the night after playing three years in russia, jagr playing like he never left. >>> that's a face only a mother could love. aandrew ladd took one on the chin, face and everywhere in between. rangers in the third, callahan's pass off the defender and in. rangers beat the jets 2-1. >>> finally, you're not seeing double, alex ovechkin and that's alex ovechkin. the caps store immortalized in wax at madame tussaud's wax museum in washington. he's won mvp scoring titles. that's your early look at sports on "early today." i'm fred roggin. >>> well, has gossip about ashton kutcher's wandering ways brought down the ratings of his show? your early morning entertainment headlines are straight ahead. >>> plus, most women lust for high-end fashion items but we'll take to you one beverly hills store where women can't wait to get rid of them. you're watching "early today." >>> welcome back on this tue

those of you that live in the maple lawn area had to leave your homes for an hour today. a contractor hit a four inch gas line. there was no denying the smell of gas. it was strong. about six people and five pets had to leave their homes immediately as bj went to work and finishinged the repairs in an hour and everybody is back home safe and sound tonight. >>> tonight is the night you can tell bj what you thought of their performance during hurricane irene. if you want to attend tonight's neating, it will be -- meeting, it will be at 7:00 tonight on gay street in downtown baltimore. >>> changes in the whether today. clouds rolled in and not much rain out there right now on maryland's most powerful radar. but we see more rain as we scan further south. we have showers just offshore of ocean city as well. we have had patchy, spotty showers this evening. temperatures in the low 70s. it's been a ten degree cooloff from yesterday. tomorrow we cool it off more. upper 60s will be it with a chance for some showers and downpours by tomorrow evening. we'll talk about how long the we

. >>> may be the only first game of the season but something tells me that the maple leafs and canadiens don't like each other. very physical contest in toronto. leafs on the board in the second. lombardi's first shot was stopped. circled the net, controlled the rebound and scored. leafs held on to win it 2-0. >>> good news and bad news for oregon's michael james. first the good. heisman hopeful rushed for 239 yards in a score against cal. the bad, had to leave the game with a right arm injury and did not return. number nine oregon won big, 43-15 but suffered an even bigger loss. >>> that's your early look at sports on "early today." have a terrific weekend. i'm fred roggin. >> it is the end of a tv decade. and meet the men of a church parish as they have never been seen before. you are watching "early today." >>> welcome back to "early today." we are only going be in the 50s in the rockies. nice day in phoenix. in the northwest we have rain showers this morning. especially out there in washington state. and into saturday, a more significant storm system is going to try to move on in. ca

. >>> something tells me that the maple leafs and canadiens don't like each other. very physical contest in toronto. leafs on the board in the second. lombardi's first shot was stopped. sirngled the net, controlled the rebound and scored. leafs held on to win it 3-0. >>> michael james, first the good. heisman hopeful rushed for 239 yards in a score against cal. the bad, had to leave the game with a right arm injury and did not return. number nine oregon won big, 43-15 but suffered an even bigger loss. >>> that's your early look at sports on "early today." have a terrific weekend. i'm fred roggin. >> announcer: early today sports is brought to you by just for men hair color. live forward. >>> it is the end of a two decade monday night tv tradition. your early morning entertainment headlines are straight ahead. >>> plus, met the men of a massachusetts church parish as they've never been seen before. you're watching "early today." >>> welcome back to "early today" on this friday morning. pretty nice weekend forecast. if you'll be in the mid-atlantic or great lakes, now

. >> steve: where is the maple. >> jimmy: gosh, where's the 800 calorie one i like. >> steve: c'mon,laughter ] >> jimmy: lard. ♪ thank you, tablecloth, for keeping tables from looking like sluts. [ light laughter ] >> steve: true. ♪ >> jimmy: thank you, york peppermint patties, for answering the questions how can i make my breath better and get fat at the same time. [ laughter ] there you go, guys. those are my thank you notes! we'll be right back with mathew broderick. [ cheers and applause ] [ male announcer ] applebee's 2 for 20 is fresher than ever! hey, chris. hi, jesse. hey. hey. ready to order? yep, 2 for $20. [ male announcer ] it's applebee's freshest 2 for $20 yet. featuring new chicken fettuccine carbonara, get one appetizer, and two entrees, for just 20 bucks. only at applebee's. now serving half-price appetizers late night. it's the potential to turn plans into projects and rooms into remodels. it's the freedom to turn a single lithium battery into hours of doing. with guaranteed low prices on the names we know and friends in orange with all we need to know, let's unleas

may be only the first game of the season but the maple leafs and canadiens don't like each other.ery physical. leafs on the board. matthew lombardi's first shot stopped. controlled the rebound and scored and leafs held on to win it 2-0. >>> good news and bad news for lamichael james. first the good, the heisman hopeful rushed for 239 and a score against cal. the bad, had to leave with a right arm injury and did not return. >>> number 9 oregon won big, 43-15 but suffered an even bigger loss. that's your first look at sports. have a terrific weekend. i'm fred roggin. >>> well, now for another important look at your weather, here is bill karins. >> i'm glad you prioritized what's important in the show. >> number one, bill. absolutely. >> yeah. well, good morning, everyone. it's a cold, chilly start once again especially areas of new england. the peak of the leaves for vermont, new hampshire and northern maine. northern new england, this is your peak weekend and it's supposed to be gorgeous. a lot of festivals. i know in freyburg maine, a big festival and today will be one of the cool

avalanche are the surprise team of the young season, picked up another win with an overtime win over the maplefs. david jones corralled the rebound and scored the game-winner. colorado a perfect 5-0 on the road after a 3-2 win. >>> that's your "first look" at sports, i'm fred roggin. >>> now for another look at the weather, here is nbc meteorologist bill karins. >>> one more beautiful day for many of us in new england and the mid-atlantic, before the rain moves in on wednesday. it's going to be a mild day, too. starting to look at the calendar, you realize that you won't have many more of these thailand mornings out there. temperatures in the 50s in most locations. no frost or freeze. this afternoon will be gorgeous. partly cloudy skies. temperatures near 70s in the big cities. average high this time of year, mostly in the 60s. as far as the cloud cover goes, a bit early this morning, rolling through pennsylvania, should be filtered sunshine, mix of sun and clouds during the day. high of 65 in boston. 68 to 70 in new york. 72 in d.c. cooler in buffalo with a high of 58. rain is coming for your

the frame of a steinway is made from rock maple lumber, which gives it strength. but the skin of a piano, known as a veneer, can come from many different sources, some of which are quite unusual. >> we have a collection of pianos we call the crown jewel collection, which are exotic veneers, and when we build one of these pianos, all of the veneers, all the pieces of wood on that piano, will come from the same tree, and the reason we know that is, if you look up here, that's literally a tree. it's half of it, but that would be a tree, and it's called a "flitch." and we mark that flitch, and we number it, and that flitch will follow this piano as it goes through the factory so we're sure that we have an even color pattern and that the grain patterns all work and all look the same. the veneers that we use come from all over the world. we have walnut from the united states, we have a wood, believe it or not, called kah-wu zinga bu-binga, which comes from africa. we have macassar ebony, which comes from india. >> one type of wood steinway & sons doesn't use is wood fro

. >> in maple also be offered of radio education options including computer skills and resume writing. >> is something to keep in mind if you can next time you're heading into the bedroom. sex could make you forget all. what? the case of the journal of the university medicine indicates that the woman's brain function disappears suddenly after sex but they are not sure why. people with so-called transient global amnesia suffered no side effects. their memory usually returns within a few hours. i can't recover how to read it. [laughter] >> i think it needs more research. >> i'm dennis o'donnel. jim harbaugh knows the enemy is complacency and he hasn't been for that. you will hear that coming up next. ♪ [ cellphone rings ] cut! [ monica ] i have a small part in a big movie. i thought we'd be on location for 3 days, it's been 3 weeks. so, i used my citi simplicity card to pick up a few things. and i don't have to worry about a late fee. which is good... no! bigger! bigger! [ monica ] ...because i don't think we're going anywhere for a while. [ male announcer ] write your story with the ne